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House committee OKs prison reform bill

A gate at Julia Tutwiler Prison for Women in Wetumpka in 2014. A bill aimed at addressing the state’s prison overcrowding crisis was approved by a House committee Thursday.(Photo: Associated Press / Dave Martin)

A bill aimed at alleviating the state's prison overcrowding crisis passed a House committee Thursday morning, getting one step closer to passage.

The House version of the legislation, sponsored by Sen. Cam Ward, R-Alabaster, is essentially the same as the version that passed the Senate earlier this month. The House version does alter a provision dealing with driver's licenses for newly-released inmates and adds provisions dealing with juvenile justice, which raised some issues with the Association of County Commissions of Alabama.

However, House Judiciary Committee chairman Mike Jones, R-Andalusia, who is handling the bill in the House, said it was "truly a prison reform bill" that, out of necessity, addressed a number of issues.

"The problem really can't be resolved by touching one thing," he said. "You have to touch it from multiple sides to solve the problem."

The state's prisons were at 186 percent capacity in January, and overcrowding has contributed to violence in the facilities. The Julia Tutwiler for Prison in Wetumpka is under investigation by the U.S. Department of Justice over patterns of sexual violence and harassment against inmates.

Six inmates at St. Clair Correctional Facility in Springville have been murdered since 2011, and an assault on a correctional officer earlier this month triggered a riot that left 15 inmates injured, including three who needed to be transported offsite. Allegations of physical or sexual violence have also been leveled at three other prisons, including Elmore County Correctional Facility.

The violence has led to lawsuits saying that inmates' Eighth Amendment protection against cruel and unusual punishment is being violated. Legislators have openly speculated about the possibility of the prison system falling into receivership, which could lead to court-ordered spending increases on prisons; mass release of inmates; or both.

The legislation aims to address the overcrowding situation by focusing on recidivism and making added investments in the pardons and paroles process; a slowing rate of paroles has contributed to the crisis. The bill would call for the hiring of 123 new pardons and parole staff and mandatory supervision and limits on incarceration for those convicted of a Class C Felony. The bill also imposes limits on punishments for parole and probation violations, and creates a Class D felony, not subject to the Habitual Offender Act, for the least serious felony offenses.

Supporters of the bill say the measures, which would cost between $23 and $26 million a year to implement, could bring prison overcrowding down to about 162 percent. With added construction, the levels could fall to 140 percent, a level that may pass muster with a federal judge.

The legislation would also allow many newly-released inmates to apply for a limited driver's license that would allow them to go to work or school. The Senate bill initially would have temporary licenses issued to inmates upon release. The House version would extend it to a year, but would also require a car sticker attached to those receiving the license.

Shay Farley, legal director of Alabama Appleseed, said after the meeting that she was concerned it would bring the attention of law enforcement to the inmate with the sticker, regardless of whether they were engaged in illegal activity.

However, Farley said the legislation overall was "a major step" forward, and that she hoped discussions would continue in coming years on related issues, including education and training behind prison walls.

"I'm interested in continuing this conversation," she said. "Let's win the battle this year."

The Association of County Commissions of Alabama and the Alabama Sheriffs' Association said in a statement Wednesday that they opposed the current version of the legislation. The groups were particularly concerned about a provision added on the floor of the Senate that added juvenile justice issues into the legislation, saying counties could not comply with some of the issues.

"The issues raised by the amendment are certainly important, but we would suggest that the Legislature consider a separate commission to look at all the issues related to juvenile justice in our state – including the soaring costs paid by counties at the local level," the statement said.

The groups also opposed the removal of language that would require the Alabama Department of Corrections be responsible for certain medical costs incurred by parolees and probationers, as well as language that the groups said would increase the incarceration times for parolees, probationers – or parole and probation -- violators in county jails.

Sonny Brasfield, the executive director of the ACCA, said after the meeting that proposed amendments would address some of the issues. "We hope to continue the conversation on the two issues," he said.

Jones said after the meeting that the juvenile issue would be addressed. But other items, like the DOC medical costs, have been sought for years by the county commission association, and Jones said they were not necessarily about prisons.

Jones said he hopes the full House votes on the bill as soon as possible. If the House approves the bill and the Senate concurs in the changes, the legislation would go to Gov. Robert Bentley for his signature.